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Human Rights in India

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Introduction to Human Rights in India

Human rights in India is the complicated issue which involves various types of rights and duties. Constitution of India is the world largest constitution which define different fundamental rights and duties such as freedom of speech, formation of assembly, move all over the India, start any business. These human rights are protected in this. Also independent judiciary focus on the issue related to these rights. India is an democratic country which people are freely choose their religion and freely spend their time. Constitution is follow rule of for the people, of the people and by people. According to this scenario is discrimination is not possible which is harmful for the entire country. Human exploitation is not possible on the basis of sex, race, religious and place of birth. On the basis of this act rights of every person is protected which is not even harm by any person. In order to protect the them every country have to take actions and improve their performance as well. They needs to framed some other acts which are able to protect the rights of people and provide best possible security to them.

Task

The situation of human rights in India

The constitution of India is the world's largest constitution which consists various chapters and define rights and duties. On the basis of this violation of human rights is not possible. In section 19 various types of human rights are mentioned which protect them as well. Some human rights are as aligned below...

  • Freedom of speech.
  • Freedom to form assembly.
  • Freedom to move anywhere in India.
  • Freedom to start business where people want.
  • Rights to privacy and vote.
  • Rights to freedom of expression.

These above mention factors are protect by the law. It defines the dignity to ensure that every person is protected with law and also it provide opportunity to realise their full potential. For the same purpose country constituted an commission which protect the rights of people known as National Human Rights Commission Of India. Further, it is purely a public body which can able to protect the human rights. Through which people are to spend their life where they want. This commission is related to provide dignity, life, liberty and equality. On the basis of this act discrimination is not possible on the basis of sex, race, religious and place of birth. Government framed some various types of laws which are have to follow by all the people and enhance development of country as well. They can helpful to promote awareness which is better then others. Government of India needs to recognise new laws from time to time which are helpful to them to the development of country. The human rights is mainly defines that different things to various other people. Which means every person is able to get thing which they want. These rights are play an significant role in every country which have to be follow by every person. Also various laws are defined in the constitution which help to protect the rights of people are as aligned below...

Section 21A: This section states that provide compulsory education to children from the age of six years to fourteen years. It is the responsibility of government of India to provide education and frame some laws which are helpful for development of country.

Government also framed some laws which can protect children from hazardous industry and also imposed some restriction on organizations that they are not able to recruit any child specially for the hazardous work. The violation of human rights is not be possible on the basis of any specific reason otherwise they have to pay some penalty which is imposed on them. The continuous development of country can be possible with the help of these factors.

Constitution of India consists some rights but also it consists some fundamental duties which have to fulfil by every person. Some fundamental duties which are as aligned below...

  • Every person have to respect the National flag and the National anthem.
  • Persons needs to protect the sovereignty and integrity of India.
  • Needs to develop humanism which is beneficial for the growth of country.
  • Not able to harm public property and have to safeguarding them.
  • Citizens have an responsibility to protect and improve the natural environment.

These duties are consists in the section 51A which have to be follow by every person

Human rights are framed by national human rights commission of India which involve rights of liberty, life and equality. Through these rights every person feel save and no harassment can be possible. Related to human rights, government of India frame various types of laws and regulation and which are have to follow by every citizen. These can able to protect them and raise their standard of living as well.

Explaining human rights violation

Human Rights are the rights given to every human being regarding its gender, colour, nationality, religion, language or any other. The basic fundamental of it says that every person in the world is equal and should be treated equal without any discrimination. These are the legal laws provided by the constitution of a country. International laws are also safeguards the human rights of a person. National Human Rights Commission of India which is an independent body which is responsible for the protection of these rights. They ensure that every citizen of the country should not face any discrimination on any basis and violation of these laws will lead into legal punishment. In a country like India which has a large population, illiteracy, poverty and division of people on various basis, it is very common of violation of these rights. These rights can cover social, economic, political or civil rights like right to freedom of expression, right to freedom of religion, right to education, right to property or right to vote, right to have food and living are categorised into it. Various cases has occurred where breaking of these rights has happened like the Bhopal Gas Tragedy, Gujarat Riots and harassment of women, child and labour also clubbed into human rights. Tribal community are also infringement of laws.

Human rights are moral norms and principles to describe the human behaviour and are regularly protected as legal rights in international laws. After the world losses the life and abuses of rights and to create the new new rights at international level safety for all humans. These rights are some certain claims and freedom of peoples all around words and fundamental, universal in character and assumed international dimensions. Human rights in India is an complicated issues by the country large size and population, lack of proper education system and democratic republic. The united nations human rights councils create and mandate to violation of rights. This council is a subsidiary body of the general assembly and report directly to it.

Violation in India to abuses by armed groups committed with many parties. While the Communist Party of India was suspected of extortion, abductions and unlawful killings in many states of India, armed groups in India are believed to have committed similar crimes. Caste based discriminations and crimes against many scheduled caste. The government cancelled the registration of several civil society organizations which specially stop them from gating foreign funding (Sharma, Sharma and Devi, 2011). Violation against woman were allegedly sexually assaulted by members of the armed forces in India.

Future of human rights

In the future time human rights are expanded very fast which is the basic reason of development of country. Further, it is a global policy on international law which define that human rights involves innovations and expectations. In order to protect the rights of human government of India have to frame some rules and regulation which needs to follow by every citizen of India. These laws protection and promotions are possible. Global economy require various of human rights through people can freely survive in the country and can be able to use their rights as well. Democratic rights are based on the theory which is created by the state. These rights are the rules and regulation of communication among people. Rights of people are important for the development of country. In future times government try protect the human rights through which continuous growth of country is possible.

How it is going to be

The higher authorities are try to protect the rights of people but in some places lots of people are follow those rules and regulation. They framed some to protect the children from child labour. Most of the organization are recruit child for the hazardous work in not even good for health and also it cause to death for them. So that, for the same purpose government have to take some strict action against them. Women harassment is increases day by day which having on control of government. They just frame some rules but not able to take some strict action. They needs to new laws which consists different types of rules and regulation and to be perform by every person. Apart form that they have to set some more law to provide free education to children in order to continuous improvement of country. But these laws are having good impact in India through which growth is possible and improve the performance of country as well (Gidwani and Reddy, 2011). In various places organization are restrict to recruit child labour and if they recruit then they take prior permission from their parents. Child labour have some exception such as, a child is able to perform work in every government school because in which he learn something during work and also try to improve knowledge ass well. Another exception is child is able to done work in business of his family. He is able to support family in family business.

What is being done

Human right is the important topic which is have to remember by every person. Most of the laws, rules and regulations are framed by the government of India which have to be follow by every citizen as well as companies. Most of the organizations are restrict the recruitment of child but also some places companies appoint child labour. This not even support in the development of country and improve performance of them as well. India is an democratic country in which every person have a right to choose their own religion. But at present time most of laws are set by them but women harassment, child labour are present in the country (Chavan and et. al, 2012). So that, government have to take some important step against them and try to avoid these conflict from country with the help of rules and regulations.

What needs to be done

The present condition of country is not so good so that government have to take some corrective action in order to protect the human rights and provide continuous growth of the country. In this government play an important role in order to save their rights and improve performance of country. At present time huge number of laws are present are which are able to protect the rights and provide protection to them. But apart from that women harassment and child is also increases day by day. Government of India have to framed some more rules and regulation in order to provide better protection to them. Through people can freely move anywhere in India and able to survive as well. They needs to take corrective actions in the favour of country and try to protect the rights of people. They needs to frame some rules and regulation which are able to help in the continuous growth of the country.

Effect of British colonisation on human rights

Human rights can be termed as the moralistic principals and norms which are used to describe the certain behaviour of human and their rights. Thy can be understood as legal rights in municipal and international law. Also, every human rights are conferred by the constitution of each and every country. Human rights is a complicated issue which is related to the poverty , lack of proper knowledge and education large size etc (Donnelly, 2013). According to the constitution of India, there are several rights, which are known as fundamental rights that involves freedom of religion. In the aspect of British colonisation , it had affected India in a negative manner. One of the major issue that has affected the human rights in India by British colonization is Human Trafficking. It is consist of various types of human rights violations which extends up to slavery to sex. According to the survey, India is the country with highest rate of human trafficking due to the reason that the laws made in respect of human rights are vague and not clear. Citizens of India are not having enough knowledge about the laws and legislations so they become the victims of human trafficking (Lauren, 2011). British colonisation and rule had a negative impact as it introduced human rights violations of the citizens of India. The British Raj has impacted the human rights in a following manner:

Violence in respect of peace

It is one of the way in which the British Raj hampered the human rights in India. It can be related to the time of April, 13, 1919 on which the rulers killed around more than 10,000 people in the Jalliyanwala bagh. It is clearly a violation of human rights. Also, the British rulers imposed several taxes on salt which was protested by Mahatma Gandhi.

Dalits

In this 70th year of independence, it has been evaluated that there are since British colonisation to this day, there is a still an existence of human rights violation in the form of austere differences in the form of discrimination among Dalit people . It can be concluded that Dalit community is the embodiment of overall violation of human rights in India since British rule.

Child rights

As per survey of Human rights Watch, there are many children which are not able to complete their studies on time due to the reason of child rights violation (Beitz, 2011). They are forced to leave the school and asked to get involved in agriculture produces. It has been evolved since the introduction of British Raj in India. It is one of the way in which the human rights has been exploited of children. Also, the worst part is that from that time to now, in this modern era, there is still a little spark of violation of human rights of children as in villages, specially girls are not allowed to study and accomplish their respective dreams.

Freedom of expression

It depicts the situation in which the people are not able to express their views and expressions with freedom. It has been continued from the rule of British rulers. It can be understood In the way that many people are killed for expressing their views (Shelton, 2015). It means that from the evolution of rule, it has been continuing since now.

It can be concluded that these are just an examples which proves various human rights violations has been introduced by British colonizers which are still in existence. Also, there are some other issues which proves to be the important factor and connected with infraction of human rights. These can be explained under headings:

Poverty

Human rights is all about rights of an individual which means all men's and women are treated equally without discriminating them on the basis of caste, religion, colour, gender. Simply human right shows the equality amongst all the people.

Poverty is the word which describes the condition of lower section of the society which means poverty is all about worst situation of the poor people of the country. In this advanced country everyone have the right to live their life with respect and dignity but due to the ignorance poor people get affected. Due to the improper working condition of Indian government poorer sections of the society get ignored in fact they are not able to earn to fulfil their needs and wants.

Their rights get violated because they even don't know about the rights which was made by the government. Poverty is one of the major issue in today's world because of illiteracy as there is absence of educated people which resulted in the exploitation of human rights. Basically it is understood that poverty is a result of discrimination, lack of equality, illiteracy, uneducated people and exclusion of the lower sections of the society. Due to the exploitation of human rights overall development of country get influenced because weaker people don't even know their rights. India must concerned and take care of the poorer people because they are the future of developed country . Upliftment of weaker people is very necessary to make Indian society free from poverty and hunger. In simple words poverty is not only inequality in fact it simply shows the abolitionism of opportunities of lower caste. But sometime poverty clearly defines the worst situation of weaker society which creates absence of equality. Basically poverty covers all the matters through which a person or an individual get influenced like hunger, absence of education facility, lack of opportunities, unfriendly and unhygienic area. Every year many peoples die due to the malnutrition and most of the people suffered from hunger problems.

Poverty is a very broad issue in the Indian society because due to the violation of human rights poor people are not able to fulfil their needs and want as the don't get a chance also to earn something for them. A country must consider these problems because this is the indispensable matter which can't be ignored. Government of India need to try to abolish the poverty and take major steps or immediate action to eradicate the poverty.

The class differences

Class Difference is the term in which the people on the basis of their status and class are violated. It is a term which is related to Poverty. In India there is a great relation of class difference and violation of human rights. It can be considered under misdemeanour of Cultural rights under Cultural heading conferred by Constitution of India (Merry and et. al., 2010). In this aspect, the rights are violated in such a sense that poor people are do not get privilege and also they do not get enough advantages as the upper class receive. It is a clear demarcation of their rights. Further more, it has been said that the low class people are often utilised by upper and rich class people for their own purpose. For an example they distinguishes, torture and enforce their restrictions n the lower class people It is the infraction of human rights of people who belong to lower class. N the other hand, upper and middle class people enjoys their human rights and other freedom. However, some times their human rights are also affected by the policies and strategies that are formed by the politicians and government. Government should control over the human rights violations by making laws and regulations which aim to protect the rights and freedom of each and every citizen of India. Also, from the view point of a corporate sector, the employees are discriminated on the basis of their class and education. It means that the rights of lower level employees get infringed as they do not get enough opportunities and rights as the upper management and employees get (Joseph, 2012). According to the employment act, all employees of the business organization are same and no one should discriminate among any employee.

Working conditions

It refers to the term in which it includes about the situation in which an employee works. It can be related to core of paid work and employment relationships. Employees rights get violated as the employers force them to do their tasks more than the standard time. Along with this they are paid less for the work done. Further more, it has been depicted that due to improper working conditions, human rights of employees get violated and also they feel demoralised and demotivated which also foster the performance of employees and company. Also, child labour is a big term in which there is an influence of infraction of human rights. Under the constitution of India, it is illegal to get work done by children as it is a complete violation of human rights. Also, in the respect of employment, an employer should not discriminates among his employees by providing incentives and schemes. It is the right of an employee to communicate with other employees through mail and internet approach. So, if any employee is not allowed to do so, it is a distinct violation of his human right as they do not have freedom to access basic facilities. Various laws and regulations should be framed in the respect of protection of human rights of employees and labour in regard to working conditions.

In addition to this, labour class is also affected by the violation of human rights as t hey are forced to more work in low wages. For an example, for construction of a building , many labour are hired and asked to do more work with comparatively less wages. It is an another example that sets out the infringement of human rights in the context of working conditions.

Women rights

Women rights is the term which means the rights and obligations which are conferred to women. It means they are entitled to enjoy their rights and freedom as they are also a citizens. Women are the most affected character in violation of human rights. It has been germinated due to divisive caste system in India. It means that women are not allowed to enjoy their freedom as they are restricted under that values and various customs (Wettstein, 2012). They are the victim of domestic violence and other harassment techniques which proves that their rights are ruptured and violated. According to the survey of UN, women are forced to bring dowry with them during marriage. Also, women in India face various discrimination on the basis of sexual harassment and trafficking. Young girls are forced to get involved in these kind of acts. The main victims of trafficking are the poor people which sell their girls for money. Government should try to achieve more in the field of protection of the rights of women as they are equivalent as men. In this modern era, women prove to be great administrator in each and every kind of field. Also, it must be noted the violation f rights of women mostly takes place in rural areas and backwards parts of economy. They should be given equal opportunities and offers as the men get.

Also, in the aspect of employment, in India, rights of women are infringed as they do not get equal job opportunities and benefits as men get. They should also be provided with maternal benefits and compensation.

In regard to this, it has been comprehended that in India there is still a violation of human rights in different fields and areas. Various laws and legislations should be framed in the respect of protection of human rights of citizens of India.

Conclusion

From this assignment it has been concluded that the human rights are those rights and moral principles which are been conferred by the Constitution of India on their citizens. Various laws and legislations are been framed in the respect of protection of their rights and freedom. Further more, it has been said that rights of women and children are protected against forced labour . It can also be noted that government of India should educate the rural back groubnf of the country so that they can gain knowledge about different laws that has been prepared inn the aspect of human rights.

References

  • Allison, E.H and et. al., 2012. Rightsbased fisheries governance: from fishing rights to human rights. Fish and Fisheries.
  • Bajaj, M., 2012. Human rights education in small schools in India. Peace Review.
  • Beitz, C.R., 2011. The idea of human rights. Oxford University Press.
  • Budiani-Saberi, D.A., Raja, K.R., Findley, K.C., Kerketta, P. and Anand, V., 2014. Human trafficking for organ removal in India: a victim-centered, evidence-based report. Transplantation.
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